We did it.
We fucking did it.
Earlier today, the Supreme Court finally repealed Section 377 of the Indian Penal Code. This archaic law (which was introduced by the British in 1862) criminalised sexual activities “against the order of nature”, including consensual homosexual sexual activities.
In a country plagued with regressive “traditions” and “culture”, I wasn’t surprised when, in 2013, the SC reinstated this law. However, after the landmark judgement that was the Puttaswamy ruling, it was stated that privacy is a fundamental human right. This directly contradicted Section 377. Something had to be done.
Today, a 5-person bench head by the Chief Justice Dipak Misra unanimously declared:
Sexual orientation is one of many biological phenomena which are described as natural and inherent. They are considered part of freedom of expression. Constitutional morality urges the organs of the State including judiciary to protect heterogeneity and prevent imposition of popular perception on the minority. The fundamental rights of even a single individual cannot be infringed upon.
It would make me so incredibly elated to say that the fight ends here — but that is far from the truth. It would be easy to say that. Convenient.
Unfortunately for us, if history’s proven anything...
Fighting the good fight is anything but.
We've just plunged into the sea. There's so much more to do. Legalisation of same-sex marriage is another matter to be discussed. There are still bigots out there, preaching hate and intolerance. You’re still gonna hear people whisper when they see you on the street.
Log kuch na kuch zaroor kahenge.
But being you is no longer a crime.
Being me is no longer a crime.
I’ve always been proud about it. No doubt. But today, I feel a bit safe about it, too.
And that’s new.